- 1 - NC: 2025:KHC:189 WP No. 15302 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR JUSTICE H.T. NARENDRA PRASAD WRIT PETITION NO. 15302 OF 2024 (GM-CPC) BETWEEN: 1. MRS NAGARATHNA W/O LATE P V NAGARAJA RAO AGED ABOUT 77 YEARS (SENIOR CITIZEN BENEFIT NOT CLAIMED) RESIDING AT NO.502, GROUND FLOOR 13TH A CROSS, 29TH MAIN, JP NAGAR I PHASE JP NAGAR, BANGALORE SOUTH BANGALORE 560078. 2. MRS.USHA RAGHAVENDRA W/O W RAGHAVENDRA D/O LATE P.V.RAGARAJ RAO AGED ABOUT 54 YEARS RESIDING AT NO.98/2, 3RD CROSS 4TH BLOCK, NEAR GANGAMMA TEMPLE THYAGARAJANAGAR, BANGALORE SOUTH BANGALORE 560028. 3. MRS.PADMAJA P N W/O NARASIMHA MURTHY B N D/O LATE P V NAGARAJ RAO AGED ABOUT 48 YEARS RESIDING AT NO.183. 1ST PHASE KRISHNA ROAD,3RD CROSS NEAR VOLLY BALL FIELD GIRINGAR BANGALORE SOUTH, BANASHANKARI III STAGE BANGALORE-560085. …PETITIONERS (BY SRI. SWAROOP ANAND R.,ADVOCATE) Digitally signed by HEMALATHA A Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:189 WP No. 15302 of 2024 AND: ANNAPOORNA P N W/O LATE P L SATYAKUMAR D/O LATE P V NAGARAJ RAO AGED ABOUT 57 YEARS RESIDING AT NO.502, FIRST FLOOR 13TH A CROSS, 1ST PHASE, JP NAGAR BENGALURU 560078 …RESPONDENT THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO I. ISSUE A WRIT IN THE NATURE OF CERTIORARI OR ANY OTHER APPROPRIATE WRIT OR ORDER SET ASIDE THE ORDER DATED 27/04/2024 PASSED BY LD.XXXVIII ADDITIONAL CITY CIVIL AND SESSIONS JUDGE (CCH-39) IN O.S NO.2983/2024 PRODUCED AT ANNEXURE C AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE H.T. NARENDRA PRASAD ORAL ORDER 1. This petition under Article 227 of the Constitution of India is filed by the petitioners-plaintiffs challenging the order dated 27.04.2024 passed by the Learned XXXVIII Addl. City Civil and Sessions Judge, Bengaluru in O.S.No.2983/2024, whereby no order has been passed by the Trial Court on I.A.No.1 filed under Order 39 Rules 1 - 3 - NC: 2025:KHC:189 WP No. 15302 of 2024 and 2 of CPC inspite of suit summons and emergent notice of I.A.No.1 has been issued to the defendant. 2. The plaintiffs have filed suit for partition and separate possession in the suit schedule property. Along with the plaint, the plaintiffs also filed I.A.No.1 filed under Order 39 Rules 1 and 2 of CPC seeking an order of temporary injunction restraining the defendants or any person from creating any third party interest over the suit schedule property. The Trial Court has issued notice on the application i.e., I.A.No.1 filed under Order 39 Rules 1 and 2 of CPC. Even after the appearance of the defendant, the Trial Court has not passed any order on the said application. Hence, the petitioner is before this Court. 3. The learned counsel for the petitioners submits that the matter is posted before the Trial Court on 16.01.2025. 4. Suffice to state that the approach adopted by the Trial Court is incorrect and improper and the same needs to be corrected by this court under the supervisory - 4 - NC: 2025:KHC:189 WP No. 15302 of 2024 jurisdiction vested under Article 227 of the Constitution of India. 5. Therefore, without expressing any opinion on the merits of the case, the Trial Court is directed to dispose of the application filed under Order 39 Rules 1 and 2 of CPC in accordance with law, on or before 31.01.2025. 6. With the above observation, the writ petition is disposed of. Sd/- (H.T. NARENDRA PRASAD) JUDGE DM List No.: 1 Sl No.: 5